Proposed Amendments to Regulation 829 made and approved under the Niagara Parks Act
Regulation - LGIC
Bill or Act:
Niagara Parks Act
Summary of Decision:
Effective July 1, 2013, O. Reg. 829/90 pursuant to the Niagara Parks Act was amended to create a parking offence in the Niagara Parks such that no person shall leave a vehicle parked in a place if the time limit for parking in that place has expired according to a parking meter or pay and display device authorized by the Niagara Parks Commission (Section 13(1)(a.1)). The aforementioned Regulation was also amended to increase the sight-seeing vehicle and guide licences in the Niagara Parks such that the fee for a guide licence is $65, the fee for a class 1 sight-seeing vehicle licence is $250, the fee for a class 2 sight-seeing vehicle licence is $375, and the fee for a class 3 sight-seeing vehicle licence is the amount provided in Table 2 of the Regulation (section 22).
June 18, 2012
Summary of Proposal:
The Niagara Parks Commission (NPC) is a provincial agency operated pursuant to the Niagara Parks Act. Its mission is to protect the natural and cultural heritage along the Niagara River corridor for the enjoyment of visitors while maintaining self-sufficiency. NPC operates 1,325 hectares of parkland, including 56 kilometres of roads and parking areas. Since 1885, it has operated, controlled and maintained its own police force and transportation systems.
The Niagara Parks Act stipulates that provincial regulatory approval is required for sightseeing vehicle/guide licenses for entry to its parks and for parking/speeding offences. NPC wishes to update these licenses and offences in Regulation 829.
The Province of Ontario last approved regulatory changes to the sightseeing vehicle and guide licenses in 2005. NPC has undertaken comparisons of licence fees which demonstrated that NPC continues to have a licence fee structure below industry standards. NPC consulted with industry stakeholders on the proposed changes, including public presentations in November 2011.
NPC is proposing to increase the fee for a guide licence to $65 per annum from the current $50 and to increase the fees payable for sightseeing vehicle licences, as follows:
1. To $250 per annum from current $100 for a Class 1 sightseeing vehicle;
2. To $375 per annum from current $150 for a Class 2 sightseeing vehicle; and
3. By $5 annual increments for a Class 3 sightseeing vehicle from the currently $40 per visit starting in 2013 until it reached $110 in 2026.
A Class 1 sightseeing vehicle is a sightseeing vehicle operating 2 or more days per week on a regular schedule approved by NPC that is designed to carry 1-6 passengers. A Class 2 sightseeing vehicle is same as class 1 but for vehicles that carry 7 or more passengers. A Class 3 sightseeing vehicle is a sightseeing vehicle that does not operate 2 or more days per week on a regular schedule approved by the Commission. Classes 1-3 do not include sightseeing vehicles conveying passengers on a trip from a school which are not charged a license fee.
Set fines for parking infractions under Regulation 829 have not been updated in nearly twenty years. As a result, parking fines of $10 and $75 for designated disabled parking spots are no longer effective deterrents for unlawfully parking within the Park. NPC is proposing to raise fines to $30 and $300 respectively to make the fees more consistent with those used elsewhere in the province.
NPC is also proposing to expand parking violations to recognize parking areas controlled by meters or pay and display devices. The current time limits allow one or two hours where signs are erected. The proposed violation would add a restriction for any time where the time limit has expired at a parking meter or pay and display device authorized by the Commission. NPC proposes a set fine of $30 for this new offence.
The Niagara Parks Police Service operates a number of mobile police radar on the Niagara Parkway. Speeding violations presently allow set fines of $75 regardless of whether a violator is five kilometres over the posted speed limit or 50 kilometres over the posted speed limit. NPC is proposing to remove the static set fine provisions and adopt those in the Highway Traffic Act as amended.
Tourism Agencies Branch
Tourism Planning and Operations Divsion
Ministry of Tourism, Culture and Sport
10th Floor, Hearst Block
900 Bay Street, Toronto, Ontario M7A 2E2
July 1, 2013